Judge signs order to dismiss Zach Tomaselli's order of protection from Bernie Fine

Michael Stravato / APZach Tomaselli has accused former Syracuse University basketball coach Bernie Fine of sexually abusing him in a Pittsburgh hotel room in 2002 when he was 13. He filed an order of protection against the former coach on Feb. 6, which was dismissed in court Feb. 29.

A judge in Maine dismissed today an order of protection against former Syracuse University basketball coach Bernie Fine at the request of one of Fine’s accusers, Zach Tomaselli.

Tomaselli, 23, of Lewiston, Maine., obtained a temporary order of protection from Fine on Feb. 6, claiming the former coach was harassing him by phone.

Federal agents are investigating Tomaselli’s allegation that Fine molested him in 2002 in a Pittsburgh hotel room when Tomaselli was 13.

The dismissal by a Lewiston district court judge, dated Wednesday, says the order of protection is dismissed with prejudice, meaning Tomaselli cannot bring the issue back to court, according to a Lewiston District Court clerk.

A judge issued Tomaselli the temporary order of protection without requiring Tomaselli provide the court with evidence of harassment. The threshhold required to obtain a temporary order is low, according to a Maine prosecutor. The protection order was dropped before a judge held a hearing to review any evidence. A hearing had been scheduled for Tuesday to determine if the order should be made permanent.

Maine attorney Lenny Sharon, who represents Fine, said last week that his office was investigating Tomaselli’s claims that Fine was harassing him by phone over the abuse allegations.

View full sizePhoto courtesy of Syracuse University Athletic CommunicationsBernie Fine, former Syracuse University associate head basketball coach.

Sharon said Tuesday that Fine denied Tomaselli’s claim that he had been harassing Tomaselli but “we assure Zach that he has nothing to worry about regarding any contact from Bernard Fine now or in the future.”

Tomaselli said Wednesday he and Sharon reached a “gentlemen’s agreement” and Tomaselli said he felt confident he would not be harassed in the future.

Fine, 66, has not been charged and denies all wrongdoing. SU fired Fine after 36 seasons on Nov. 27.